The Establishment of the Legal System of Data Outbound Transfer from the Perspective of Comparative Law

Abstract

Data are considered as one of the basic production factors, the cross-border flow of which has brought new development opportunities for the digital economy, but the unordered data outbound transfer has brought new challenges to national, public and enterprise interests, and the rights and interests of data subject. The legislation of different countries and regions has basically formed three paradigms: absolute prohibition, complete openness and conditional cross-border transmission. China should draw on the mature international mechanisms for the control of cross-border data flows, and combine its national interests and data protection realities to establish a legal supervision mechanism with hierarchical and categorical data management and control as the core, so as to realize the secure and free cross-border flow of data.